New Decision Marks Second Time the U.N. Human Rights Committee Calls for Abortion Law Reform in Ireland

06.13.17 - (PRESS RELEASE) The
United Nations Human Rights Committee has just ruled for the second time that Ireland’s
abortion laws subjected awoman to
cruel, inhuman and degrading treatment. This new decision recognizes yet again
that prohibiting abortion violates women’s human rights and calls on Ireland to
reform its laws.

The U.N. Committee ruled in favor of Siobhán Whelan, who was denied
access to abortion services in Ireland following a diagnosis of a fatal fetal
impairment. The Committee held that Ireland must provide Ms. Whelan with reparations
for the harm she suffered and reform its laws to ensure other women do not
continue to face similar violations. The Committee instructed Ireland to
legalize abortion and provide effective, timely and accessible abortion
services in Ireland.

In March 2014, the Center for Reproductive Rights filed a complaint on
behalf of Siobhán Whelan before the U.N. Human Rights Committee, arguing that Ireland’s
restrictive abortion laws violated Ms. Whelan’s basic human rights by
subjecting her to cruel, inhuman and degrading treatment, interfering with her right
to privacy, and discriminating against her on the basis of her gender.

Said Leah Hoctor, regional director for Europe at the Center for
Reproductive Rights:

“Siobhán Whelan bravely sought
justice for the harm she and other women have endured as a result of Ireland’s
abortion laws.

“The U.N. Human Rights
Committee upheld her claims and told Ireland, for the second time, that its
abortion laws are cruel and inhumane.

“Women’s health and wellbeing
are harmed when they have to travel for abortion services. Political will to
enable meaningful law reform is now imperative. The Irish government and
Oireachtas must show leadership and act.”

In 2010, Siobhán Whelan learned during the course of her pregnancy that
there was a fatal fetal impairment. She made the decision not to continue with
the pregnancy, yet because Ireland outlaws abortion in almost all
circumstances, except where the life of a pregnant woman is at risk, she was prohibited
from accessing abortion services in Ireland. She was not provided with any
information or advice on how to access legal abortion services abroad. She
eventually traveled to the United Kingdom to end the pregnancy.

The decision comes one year after the Committee’s
decision in Mellet v. Ireland, in
which the Committee made similar findings. Following that decision the Irish
government paid compensation to Ms. Mellet and offered her access to psychological
support services. In its response to the Committee regarding law reform it reported
on the creation of the Citizens’ Assembly and its mandate to recommend a
roadmap for law reform. In March 2017 the Committee took note of the Assembly’s
establishment but decided to continue its scrutiny of the Mellet case as law reform remains outstanding.

In March 2017 the Committee took note of the Assembly’s establishment but decided to continue its scrutiny of the Mellet decision.

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Statement by Siobhán
Whelan

“I am very pleased with the decision by the Human Rights Committee and
I would like to extend my sincere gratitude to the Committee for its
recognition of the harm I suffered, and the violation of my human rights, as a
result of Ireland’s abortion laws.

In taking this case my hope was to help bring about a change in our
laws so that when faced with the tragic news of a fatal foetal impairment women
would have a choice to end the pregnancy in Ireland and not be forced to carry
the pregnancy to term or to travel out of our country to access health care
services like I had to.

When I received the diagnosis I was told I would have to continue with
the pregnancy, since Ireland’s abortion laws do not allow you to end the
pregnancy even in these circumstances. If I wanted to end the pregnancy I would
have to travel to another jurisdiction. This to me was very wrong and I knew
that the suffering I endured because I had to travel to access health care was
inhuman.

I believe that women and couples must be given the best possible care
at home at such a difficult time in their lives, including if they decide to
terminate the pregnancy, and that there should be equal access to good quality
information and care by hospitals countrywide.

The Human Rights Committee has found that what happened to me was a
human rights violation. It has recognised that Ireland’s abortion laws can
cause women intense suffering violating our most basic human rights.

The Committee has stated that as a country we must change our laws on
abortion to ensure that women no longer have to suffer in this way. It is clear
to me that this can only happen after a successful constitutional referendum
that will pave the way for new legislation.

We have waited a long time for legal change. It is now my sincere hope
for all those women and couples who find themselves in similar circumstances
that it will not be long before our politicians finally find the courage to act
and call a constitutional referendum and enable law reform.

I would like to request that the media respect my wish for privacy for
myself and my family at this time.”

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Background:

Ireland’s abortion laws are among the most restrictive in
Europe and the world. Abortion is permitted only when there is a risk to the
life of a pregnant woman. In every other circumstance abortion is a serious
crime. Since 1983, Article 40.3.3 of the Irish Constitution has placed “the
right to life of the unborn” on an equal footing with the right to life of
pregnant women. The Constitution also explicitly recognises that women are
entitled to leave the country to access legal abortion services in other
countries. Because of Ireland’s restrictive abortion laws, every year thousands
of women travel to access abortion services in a foreign country.

On 9 June 2016, in a groundbreaking decision, the U.N. Human
Rights Committee determined that Ireland’s prohibition and criminalization of
abortion violated Amanda Mellet’s human rights.
The Center for Reproductive Rights had filed a complaint on her behalf
before the Committee in 2013, arguing that Ireland’s restrictive abortion laws
violated her basic human rights by subjecting her to severe mental suffering
and anguish. In its decision the Committee outlined that Ireland was obliged to
redress the harm Ms. Mellet suffered by providing compensation and
psychological support services to Ms. Mellet and by ensuring law reform to
legalize abortion in order to prevent similar human rights violations from
occurring in the future. In November 2016 the government paid compensation to
Ms. Mellet and offered her psychological support services. It reported to the
Committee that it had established the Citizens Assembly to address the matter
of law reform and to recommend to the Oireachtas a pathway for a Constitutional
referendum on Article 40.3.3 and legislative change on abortion.

The U.N. Human Rights Committee is an independent expert
body that oversees states’ compliance with the International Covenant on Civil
and Political Rights, a binding international treaty ratified by Ireland in
1989. Under the Covenant, the Committee is charged with a dual mandate. First,
under the First Optional Protocol to the Covenant, a separate binding treaty
ratified by Ireland in 1989, to receive individual complaints from victims of
violations, to adjudicate the matter, and issue a decision as to whether a violation
occurred. Siobhán Whelan’s complaint was submitted in accordance with the
procedure under the First Optional Protocol. Second, to conduct periodic
reviews of state reports on implementation of the Covenant. Following such
periodic reviews of Ireland in 2008 and 2014 the Committee issued
recommendations to Ireland recommending reform of its abortion laws.